Appeal against Scottish rapist who received community service for sexual assault on 13-year-old girl
- Sean Hogg, then 17, forced himself on the victim in Dalkeith Country Park
- But his conviction by the High Court in Glasgow last month sparked outrage
An appeal will be lodged against an ‘excessively lenient’ sentence for a rapist who was spared prison and given community service after raping a 13-year-old girl.
Sean Hogg, who was 17 at the time, forced himself upon the victim several times in 2018 in Dalkeith Country Park, Midlothian.
Now 21, he was convicted of rape by the High Court in Glasgow last month before being sentenced to 270 hours of unpaid community service by the same court on April 3.
The sentence sparked outrage and called for a review of sentencing guidelines, which advise that prison sentences should only be imposed on those under the age of 25 when no other punishment is appropriate.
The Scottish Lord Advocate today decided that the Crown should appeal against the verdict because it is ‘unnecessarily lenient’.
The Scottish Lord Advocate has decided that the Crown must appeal Sean Hogg’s verdict (pictured)
Deputy Crown Agent for the Crown Office and Procurator Fiscal Service Kenny Donnelly said: ‘Benefit is rightly the domain of the independent judiciary.
“However, the law provides for some limited circumstances in which prosecutors have the right to appeal against sentences.
The Court of Appeal has set the bar high to meet this requirement. The sentence must be unreasonably lenient, that is, beyond the penalty that the sentencing court could reasonably have imposed, taking into account all relevant factors.
“The question of appeal by the Crown against the judgment in this case has been carefully considered and the decision to refer this case to the Court of Appeal has been communicated to the complainant through its representative.”
Her lawyer Aamer Anwar, speaking on behalf of the victim, said she still does not understand why Hogg was spared a prison sentence.
The victim, now 18, was diagnosed with PTSD, suffered from panic attacks and self-harmed daily after the attacks.
Mr Anwar said: ‘We were informed this morning that the Lord Advocate has decided that the Crown should appeal the sentence passed on Sean Hogg convicted of rape as it is “unnecessarily lenient”.
“My client is relieved and grateful to the Lord Advocate – it has been almost a month since Sean Hogg was released from the Supreme Court sentenced to perform 270 hours of unpaid work after being convicted of rape.
My client still doesn’t understand why Hogg was allowed to continue his life when he ruined her, she wonders how many girls will think it’s pointless to report a rape after seeing a rapist go free.
“While the police, the prosecution and the jury have done their job, she feels she has finally been let down by our justice system, but today she has regained some hope that justice will be served.”
